Trademark Protection
Effective Approaches to Address Absolute Grounds for Trademark Refusal in China
In the past three years obtaining trademark registration in China has become increasingly challenging. Notably, the absolute grounds for refusal stipulated in Article 10, Paragraph 1, Items 7 and 8 of China Trademark Law have emerged as significant hurdles in securing trademark rights. High Upholding Rate of Refusals on Review Article 10, Paragraph 1, Item […]
The Dilemma of Certification Marks in China: A Critical Analysis of Distinctiveness and Systemic Risk
Introduction: Navigating the Challenges of Current Practice Within the intricate framework of Chinese intellectual property law, certification marks stand out as one of the most theoretically debated and practically uncertain areas. I am currently representing a leading organic certification organization in a case that highlights the significant ambiguities affecting this field. My client, a specialized […]
False Alarm or Mere Preparation? An In-Depth Analysis of the 2025 Proposed Changes to China’s Trademark Law and Practical Effects
In the ever-changing landscape of Chinese Intellectual Property law, the only constant is change. Among the numerous updates, the recent amendment to the Trademark Law has sparked significant debate, expectation, and ultimately, reassurance. For international businesses and foreign legal firms keeping a close eye on China, understanding these changes is more than just a matter […]
Deconstructing the Boundaries of Trademark Exhaustion in the Era of Up-cycled Luxury
In the luxury industry, the global growth of the circular economy and sustainable fashion presents a challenging dilemma. On one side, it supports corporate social responsibility objectives and appeals to a new generation of eco-conscious consumers. On the other side, it raises complex issues of potential intellectual property violations, where the boundary between legitimate reuse […]
Limiting and Eliminating the “Other Improper Means” Clause in China Trademark Legislation
This article is a translation of a work by Professor Kong Xiangjun. The original text can be found at: https://mp.weixin.qq.com/s?__biz=MzUwOTg0MTkwNA==&mid=2247486267&idx=1&sn=a92bcb198c7723302ecba094fee3ea85&scene=21&poc_token=HAFTBGmjqSmbXCdR7tezsfxsbrG2EbtMGK9BEFJX Key Issues in the Current Use of “Other Unfair Means” In current practice regarding trademark invalidation, the application of “other unfair means” faces several significant challenges: (a) Whether it should be applied alongside Article 4, […]
Triumph in Court: How Trademark Prior Use Won the Day in a Landmark Infringement Battle
Case Notes: A Landmark Victory in Prior Use Trademark Defense In the summer of 2024, an urgent matter interrupted my routine work. Zhejiang MEEC Company, a reputable enterprise with nearly 20 years in the electroplating industry, faced a significant trademark infringement lawsuit. A Beijing-based company, holding the registered MEEC trademark, claimed damages of US$10Million, threatening […]
Trademark against Business Name, Infringement or Unfair Competition
Trademarks and business names serve similar legal functions within market economic activities. Both are designed to differentiate the goods and services offered by specific producers from those of others, enabling the public to easily identify the providers of particular goods or services. This distinction aids consumer decision-making and ensures quality assurance. Under China practice, if an […]
Case Law: China Local Court Applying EU laws in Local Trademark Trials
Recently, the Suzhou Intermediate People’s Court in Jiangsu Province delivered a final ruling on a trademark infringement and unfair competition case involving two Chinese photovoltaic companies. The court utilized the EU Trademark Regulation to evaluate the ownership and specifics of the disputed trademark, while also applying Chinese law to determine trademark infringement liability. Case Overview […]
Trademark Challenges Facing Imported Nutritional Products
The increasing demand for health-related products and the expansion of cross-border e-commerce have resulted in a significant influx of foreign nutritional products into the Chinese market. In 2023, reports indicated that China’s cross-border import e-commerce reached an impressive 548.3 billion yuan, with nutritional supplements emerging as a prominent category, boasting a purchase rate of nearly […]
Practice Tips: Steps to Take Once Your Trademark Being Squatted
Where the right owner fails to register their trademark promptly, allowing a squatter to take advantage and register it instead. Such registration not only results in the original owner losing control over their trademark and suffering infringements on their rights and reputation, but it also disrupts their business operations, leading to financial losses. Consequently, the […]